June Cordes, et al. - Page 47




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                                   APPENDIX B                                         
                Summary of Conceded, Deemed Conceded, Computational,                  
                                 and Settled Issues                                   
               The following is a summary of issues and/or adjustments                
          conceded, deemed conceded, of a computational nature, or settled.           
                                The Income Tax Cases                                  
          I.   Docket No. 9294-95, Cordes Finance Corp.:                              
               A.   1991:                                                             
                    1.   Respondent adjusted petitioner’s income for 1991             
                         to reflect additional gross receipts of $355,200.            
                         Petitioner concedes this adjustment.                         
                    2.   Respondent adjusted petitioner’s income for 1991             
                         by $37,505, pursuant to sec. 482, to reflect an              
                         improper deduction for interest expense.                     
                         Petitioner concedes this adjustment.                         
                    3.   Respondent readjusted petitioner’s reported bad              
                         debt deduction for 1991 by $501,267 to reflect               
                         actual realized bad debts for the taxable year.              
                         Respondent concedes this adjustment.                         
                    4.   Respondent determined petitioner used an incorrect           
                         method of accounting for 1991 and readjusted                 
                         petitioner’s interest income by $859,338 to                  
                         reflect interest accrued under the accrual method            
                         of accounting.  The parties stipulated that the              
                         final decision in Cordes Fin. Corp. v.                       
                         Commissioner, T.C. Memo. 1997-162, affd. without             
                         published opinion 162 F.3d 1172 (10th Cir. 1998),            
                         would decide the proper amount of petitioner’s               
                         interest income for 1991.  In accordance with the            
                         parties’ stipulations, respondent concedes this              
                         adjustment.                                                  
                    5.   Petitioner conceded an increase in its interest              
                         income in the amount of $16,600.  This concession            
                         does not appear to relate to any specific                    
                         adjustment in the notice of deficiency.                      
                    6.   Petitioner claimed a net operating loss for 1994             
                         and carried a loss back to 1991.  Petitioner                 
                         concedes it was not entitled to claim a net                  
                         operating loss in 1994 or carry a loss back to               
                         1991.                                                        
                    7.   Respondent determined petitioner was liable for a            
                         penalty for 1991 pursuant to sec. 6662(a) for                
                         substantial understatement of tax.  Petitioner               






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